Software License Agreement
Lyris Technologies Inc. (“Lyris”) grants you a non-exclusive license to use this copy of the Lyris Program in conjunction with the accompanying Serial Code (which, together, will be referred to in this Agreement as the “Program”) subject to the following terms and the proprietary notices, labels or marks on the Program and the accompanying documentation.
You may:
A. Use the Program only on any one computer at any one time.
You may not:
1. Use more than one installation or copy of the Program on any one computer at any one time.
2. Modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon this Program.
3. Rent, transfer or grant any rights in this Program or accompanying documentation in any form to anyone else without the prior written consent of Lyris.
4. Remove any proprietary notices, labels or marks on the Program and accompanying documentation.
5. Use this Program, or permit this Program to be used, on more than one computer at any one time.
6. Use the Program to (a) send unsolicited commercial or non-commercial email (“spam”) or (b) forge any packet header or any part of the header information in any email or otherwise attempt to hide or obscure the source of email that you send through use of this Program.
7. Use the Program to (a) interfere with service to any user of any network or computer by any means including, among other, any virus, “denial of service” attack or overloading, “flooding”, “spamming”, “mailbombing” or ”crashing” a network or Web site or (b) probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization.
This license is not for sale and it may not be assigned or sublicensed to anyone else. Title and copyrights to the Program and the accompanying documentation and any copies remain with Lyris.
If you do not comply with any of the above restrictions, this license will terminate with or without notice, you will be liable to Lyris for damages or losses caused by your non-compliance and Lyris will be entitled to any other remedies available under applicable law including, without limit, a court order which will require you to comply. Lyris’ failure to enforce these restrictions in every instance in which it may do so will not amount to a waiver of Lyris’s rights under this License Agreement.
LIMITED WARRANTY AND DISCLAIMER
If, within 30 days from your first use of this Product, you are not satisfied with it for any reason, you should stop using it and notify Lyris. If you return to Lyris any materials which Lyris has sent to you in connection with the Product, Lyris will, at your option, either refund your purchase price or replace the product and related materials.
LYRIS’S LIABILITY IS LIMITED TO THE REPLACEMENT OF THE PRODUCT AND RELATED MATERIALS OR THE REFUND OF THE PURCHASE PRICE. THIS IS THE ENTIRE LIABILITY OF LYRIS AND IS YOUR EXCLUSIVE REMEDY. LYRIS SHALL NOT BE LIABLE FOR ANY OTHER DAMAGES OR LOSSES INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS TO YOU OR ANY THIRD PARTY INCLUDING, WITHOUT LIMIT, LOSS OF DATA.
THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The terms of the Lyris Privacy Policy are set out in full at http://www.lyris.com/about/company/privacy.html (the ”Privacy Site”) These terms are incorporated by this reference into this Software License.
Lyris reserves the right in its sole discretion to amend this Software License Agreement, including the Privacy Policy, at any time by posting the amended terms on this site or the Privacy site, as the case may be. The amended terms shall be effective from and after the date they are posted. You are encouraged to review the terms of the Software License Agreement and the Privacy site from time to time. This Software License Agreement may not otherwise be amended except by a written amendment signed by both you and Lyris.
This agreement is the entire agreement. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect.
If you agree to the above terms, please indicate your agreement by pressing the button marked yes and proceed.
If you do not agree to the above terms, please indicate this by pressing the button marked no. In that case you must discontinue any further use of this Product and return to Lyris any material (including any copies) which Lyris has sent to you in connection with this Product.
IF YOU DO NOT AGREE TO THE ABOVE TERMS AND CONTINUE TO USE THIS PRODUCT AND/OR DO NOT RETURN THE RELATED MATERIALS WHICH LYRIS HAS SENT TO YOU, LYRIS WILL HAVE NO OBLIGATION TO YOU WITH RESPECT TO THIS PRODUCT OR THE RELATED MATERIALS, THE USE OF THIS PRODUCT AND RELATED MATERIALS WILL BE AT YOUR SOLE RISK AND YOU WILL BE LIABLE TO LYRIS FOR THE PRICE OF THE PRODUCT AND RELATED MATERIALS.
More
2. Requirements and Recommendations for Running ListManager
3. Software License Agreement
|
|